Sarvesh Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24243 of 2020 Arising Out of PS. Case No.-147 Year-2019 Thana- MEHANDIGANJ District- Patna ====================================================== SARVESH GOPE Son of Arun Gope Resident of Mohalla- Ghasiyari Gali, Chorwa Mandir, P.S.- Chowk District- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No. 2 For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-01-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Mehandiganj Police Station Case No. 147 of 2019, registered for the offences punishable under Sections 147/148/149/341/ 323/504/307/302/120-B of the Indian Penal Code and Section 27 of the Arms Act.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 18.03.2020, passed in Criminal Misc. No. 85906 of 2019, giving liberty to the petitioner to move an application for grant of regular bail afresh after six months if the trial does not show any progress.

The allegation against the petitioner is that he, along

Patna High Court CR. MISC. No.24243 of 2020(3) dt.27-01-2021 2/2 with two other accused persons, allegedly fired upon the deceased.

By order, dated 25.09.2020, a report was called for regarding the status of the trial and in pursuance thereof, learned Sub Divisional Judicial Magistrate, Patna City, has submitted the status report and from perusal of the same, it appears that the case has only been committed to the Court of Sessions. After having heard learned Counsel for the parties and taking into consideration the fact that similarly situated two coaccused persons have been granted regular bail by this Court and the petitioner is in custody since 17.08.2019, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna City, Patna, in connection with Mehandiganj Police Station Case No. 147 of 2019.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √